Khan v. Cassar

Labor Law

New York Law Journal


Judge Jack Weinstein

Local 1182 of the Communications Workers of America (CWA) represents New York City police and sanitation department enforcement agents. In addition to requiring four yearly "regular meetings," CWA's constitution requires Local 1182 to provide an annual report of its financial records. Local 1182 held no regular or special meetings in 2012. Plaintiffs Khan and Mohammad became Local 1182 officers in April 2012. Local 1182 president Cassar, and secretary-treasurer Plummer—who allegedly borrowed union funds inappropriately—denied their request for an audit of union loans to officers. Plaintiffs' suit alleging Local 1182's failure to hold a special meting violated its own and CWA's constitutions was dismissed for lack of jurisdiction. Disagreements between union members and public sector locals are exempt from the Labor Management Relations Act. Neither Khan nor Mohammad were "employees" under the act. Because their salaries were assumed by New York, Khan and Mohammad were city employees. Citing Rosenthal v. Roberts, the court noted that courts "have repeatedly held that federal district courts [lack] subject matter jurisdiction over claims brought by public employees under Section 301 of the LMRA."

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